he said that clemency for edward snowden isn't under consideration at all, should it be? >> i don't know the facts. i don't know whether any information has been distributed to foreign powers. i'm concerned that the national defense director lied to congress and i haven't heard anyone talk about repercussions. we're not only spying on foreign leaders, but there are accusations that we spied on the pope as well. there are problems. we lost a lot of credibility. the only way to start fresh is someone new in charge of intelligence. >> there's also a suggestion from one of the former chiefs, in today's "new york times," in an extensive review of the entire nsa program, he said that the nsa should get out ahead of this and put out everything they knew snowden to have. do think that's a good idea? >> maybe. the fundamental question of whether or not this constitution or not, shouldn't be a secret court, it needs to get into the supreme court, with senator widen and myself, we introduced a bill that would allow cases like this to be challenged in open court, at the supreme court